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CASE NO.: Writ Petition (civil)  478 of 2006

PETITIONER: Bal Ram Bali & Anr

RESPONDENT: Union of India

DATE OF JUDGMENT: 24/08/2007

BENCH: G.P. Mathur & P.K. Balasubramanyan

JUDGMENT: JUDGMENT

O R D E R WRIT PETITION (CIVIL) NO.478 OF 2006

G.P. Mathur, J.

1.      This petition under Article 32 of the Constitution has been filed  praying for the following reliefs : "PRAYER         It is most respectfully prayed to kindly issue a writ  of mandamus under Article 32 and direct the respondents  to ensure and guarantee with immediate effect for :-

(i)     Total ban on slaughter of cows, who are regarded  by Hindus as their divine mother, to respect the  Hindu religion and its followers of all sects as per  details of petition.

(ii)    Total ban on slaughter of horses in view of Vedic  quotations quoted at para Nos.67A & 67B of the  grounds.

(iii)   Total ban on killing of buffaloes as a mark of  gratitude, by Hindus for drinking her milk.   Buffalo is to be regarded sister of mother cow.    Commitment of the constitution in this respect also  is pending since 26.01.1950.

(iv)    Total ban on slaughter as proposed under Article  48 in its expression literally where personal  interpretations have no say.

(v)     Total ban on killing of a chameleon as it is being  killed by Muslims by naming it Hindu-Hindu vide  para 35(ii) of the grounds of appeal. The  chameleon has suffered much killings since arrival  of Muslims in India for about 1000 years as its  only fault is that it hails name of "Hindu" as per  Muslim concept.  Hindus are obliged to have  sympathy for such an innocent creature."

2.      We have heard the petitioners in person and have perused the  record.  

3.      It is not within the domain of the Court to issue a direction for  ban on slaughter of cows, buffaloes and horses as it is a matter of

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policy on which decision has to be taken by the Government.   That  apart, a complete ban on slaughter of cows, buffaloes and horses, as  sought in the present petition, can only be imposed by legislation  enacted by the appropriate legislature.   Courts cannot issue any  direction to the Parliament or to the State legislature to enact a  particular kind of law.  This question has been considered in Union of  India v. Prakash P. Hinduja & Anr. (2003) 6 SCC 195, wherein in  para 30 of the reports it was held as under : "30.    Under our constitutional scheme Parliament  exercises sovereign power to enact laws and no outside  power or authority can issue a direction to enact a  particular piece of legislation.  In Supreme Court  Employees’ Welfare Assn. v. Union of India (1989) 4  SCC 187 (para 51) it has been held that no court can  direct a legislature to enact a particular law.   Similarly,  when an executive authority exercises a legislative power  by way of a subordinate legislation pursuant to the  delegated authority of a legislature, such executive  authority cannot be asked to enact a law which it has  been empowered to do under the delegated legislative  authority.  This view has been reiterated in State of J&K  v. A.R. Zakki (1992) Supp. (1) SCC 548.  In A.K. Roy v.  Union of India (1982) 1 SCC 271 it has been held that no  mandamus can be issued to enforce an Act which has  been passed by the legislature..........................."

4.      In view of the aforesaid legal position, we are of the opinion  that this Court cannot grant any relief to the petitioners, as prayed for,  in the writ petition.   The writ petition is accordingly dismissed.